Court : Mumbai
Reported in : (1913)15BOMLR27
..... power to repeal or in any way affect, among other matters, any provision of the government of india act, 1858.5. their lordships are of opinion that the effect of section 65 of the act of 1858 was to debar the government of india from passing any act which could prevent a subject from suing the secretary of state in council in a civil ..... government as there would have been against the east india company.2. their lordships are satisfied that a suit of this character would have lain against the ..... court is to have jurisdiction b to determine a claim to any right over land as against the government. in the court below it was held that this enactment was ultra vires as contravening a provision in section 65 of r the government of india act, 1858, that there is to be the same remedy for the subject against the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1950CriLJ1060
..... legislative list for ajmer-merwara, which is a chief commissioner's province under section 100(4), government of india act, i93fi.4. even otherwise, the chief commissioner did not enact any legislation. he just passed an executive order that certain foodgrains would not be ..... matter. the counsel for the applicants is obviously wrong in this for the india (central government and legislature) act, 1946, had already come into force from 1st april 1946. this act had partly repealed the government of india act, 1935, and allowed the central government to enact legislation in regard to certain provincial matters as well. further, ajmer ..... -merwara is not a governor's province, and the provisions of section 100(3), government of india act, 1935, do not apply to it. the central legislature has certainly powers to make laws with respect to matters enumerated in the provincial .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori194; 22(1956)CLT375; 1956CriLJ1334
..... by the efflux of time.but the expression 'things done or omitted to be done' is a well-known statutory expression occurring not only in the government of india act 1935 and in the india (central government and legislature) act 1946 -- (section 2(e)) but also in several enactments of the british parliament. in 'r. v. 'wicks', 1946 (2) all e. rule 529(h), this question ..... respect of a matter which was in the provincial list under the provisions of the government of india act, 1935 (see entries 27 and 29 of list ii of that act) was derived from an act of parliament known as the india (central government and legislature) act, 1946. the central act was a temporary act whose life was periodically extended by various competent authorities, namely:(1) by the governor-general .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR333
..... parliament to tax occupiers cannot be used to construe the words appearing in item 42. it appears to me that if parliament when enacting the government of india act intended provincial legislatures to tax occupiers only and not owners of lands and buildings, they would have said so. it would have been the obvious ..... legislature. section 99(1) of the government of india act gives the power to the federal legislature to make laws ..... in the appeal.4. in order to appreciate the grounds on which the punjab act is called in question, a brief reference to some of the provisions of the government of india act, 1935, seems necessary.5. under section 316 of the government of india act, 1935, the powers conferred on the federal legislature are exercisable by the indian .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom34; (1965)67BOMLR231; ILR1965Bom895
..... amongst the practice and proceedings of such court. and the rules so made shall be observed by the said courts. section 107(c) of 224(b) of the government of india acts of 1915 and 1935 and articles 227(b) of the constitutions are in the terms as above exceptions the latter parts quoted above. that however, cannot in our view ..... 5) it is then contended that the circular had been issued under the powers vested in the high court in under the high court act 1861 and since the said act has been replete by the government of india act, 1915 and 1935 and the constitution of 1950 which do not contain similar, provisions of it cannot be regarded as good law. section ..... the premises without the permission of the landlord and (3)- for non = payment of water charges. the case is governed by the bombay rent hotel and lodging house rates control act 1947 to which we will refer as the rent act. the defendants - opponent resisted the eviction and one of the contentions was that the notice to quit was bad in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All419
..... the assistant collector, first class, such control being vested in the board of revenue. i am, therefore, of opinion that the provisions of section 224, government of india act, 1935, do not vest any power of superintendence in the high court over the court of the assistant collector, first class when it does not possess ..... -- 'emperor v. hemendra prosad : air1939cal529 held that the home minister was an officer 'subordinate' to the governor within the meaning of section 49(1), government of india act, 1936. the basis of the view obviously was that the home minister stood in a position of inferiority to the governor, although this was not a 'subordination ..... subject to the 'appellate jurisdiction' of the high court, which was vested with a power of superintendence over it within the meaning of section 224(1), government of india act, 1935.66. accordingly, i would disallow the preliminary objection taken by the learned counsel for the opposite party to the hearing of this application.by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All379
..... repeal, the governor-general was pleased to make and promulgate the repealing ordinance, in exercise of the powers conferred by section 72, government of india act, as set out in schedule 9, government of india, act, 1935 (26 geo. v., c. 2). i shall have myself to consider the five provisions of the repealing ordinance later ..... parliament is a sovereign legislation and legislation by the governor-general or the central legislature or the provincial legislature is a subordinate legislation. the constitution act, namely the government of india act, 1935, isenacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and ..... if this cannot be done directly, obviously it cannot be done indirectly by means of drafting or other devices.33. section 72 of schedule 9, government of india act, cannot be questioned because it is the result of sovereign legislation, but the provisions of the ordinance (being promulgated by the governor-general who .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1940All272
..... governor-general or of his majesty as required by section 107(2), government of india act. (c) that the act is void as it offends against sections 292 and 299, government of india act.61. before considering the objections a reference to the relevant portion of section 100, government of india act, will be helpful. under the above section a distribution of the ..... which is the provincial legislative list, or not. it was contended that the present legislation was of a confiscatory nature and was opposed to section 299, government of india act, inasmuch as landlords had been deprived to a certain extent of their properties without the payment of any compensation. even if i were to assume that ..... 2 and not within entry 4 and entry 15 of list 3. the next point i proceed to consider relates to section 299, government of india act. it is argued that the provincial government had no right to extinguish or modify the rights of the landholders with respect to land owned by them. even if the argument .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1975CriLJ713
..... fact that the provincial legislature has legislated on any matter in the concurrent list is not enough to attract the mischief of section 107 of the government of india act....section 1(2) of the criminal procedure code expressly lavs down that the provisions of the code would not affect anv special form of procedure prescribed bv anv ..... the authority says in para. 8:this iuxtaposition of section 1(2), criminal p. c. and section 6. criminal p. c. taken along with the government of india act, 1919, and the schedules thereto, clearly imply that the state legislature had power to make a law for establishing juvenile courts to try all juveniles, accused of ..... 1) of the bal adhi-niyam reads as below:section 4 (1): 'notwithstandnig anything contained in the code of criminal procedure. 1898 (central act no. 5 of 1898). the state government i lav. by notification, constitute for anv area specified in the notification, one or more juvenile courts for exercising the powers and discharging the duties .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC922; [1962]Supp2SCR741
..... production. 27. the federal court in the matter of the central provinces and berar sales of motor spirit and lubricants taxation act, 1938 [1939] f.c.r. 18, observed : '...... at the date of the constitution act (government of india act 1935) though it seems that the word 'excise' was not infrequently for the administration of a particular indirect tax ( ..... sales of the right to possess and sell tobacco. but we must not forget that the cochin act as well as the similar travancore act was passed by a ruler who was no trammelled by a constitution like the government of india act, 1935, and its legislative lists. the method evolved for realising tobacco revenue was to auction the ..... deal. the main contention on behalf of the respondent in this connection is that the central act is an act imposing a duty of excise on tobacco under item 45 of list i of the seventh schedule to the government of india act, 1935 (now corresponding to item 84 of list i of the seventh schedule to the constitution .....
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